BILL REQ. #:  H-3833.1 

Read first time 01/16/2006.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to boating safety and education to prevent carbon monoxide poisoning; amending RCW 79A.60.630; adding a new section to chapter 79A.60 RCW; adding new sections to chapter 88.02 RCW; creating new sections; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Carbon monoxide is a potentially deadly gas that can lead to brain injury and death.
     (2) Marine engines are not subject to the same federal and state-mandated emission controls as automobiles and, therefore, could emit dangerously high concentrations of carbon monoxide into the atmosphere, increasing the chance of exposure to potentially lethal amounts of carbon monoxide.
     (3) Federal agencies have found that carbon monoxide can gather in deadly concentrations behind ski boats, cabin cruisers, and personal watercraft due to their propulsion engines.
     (4) Dangerous levels of carbon monoxide can accumulate around vessel swim decks and areas where occupants frequently sit or swim at the stern of the boat because the exhaust ports for both propulsion engines and generators are located nearby.
     (5) There is a lack of awareness and knowledge among recreational boaters of the dangers of carbon monoxide poisoning, resulting in injuries and deaths.

NEW SECTION.  Sec. 2   It is the intent of the legislature that:
     (1) Citizens be educated about the dangers of carbon monoxide poisoning from vessels;
     (2) It is illegal for a person to operate a recreational vessel, or have the engine of a vessel run idle, when an individual is teak surfing, bodysurfing, or platform dragging behind the motorized vessel, or when an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder.

NEW SECTION.  Sec. 3   A new section is added to chapter 79A.60 RCW to read as follows:
     (1) A person may not operate a vessel or have the engine of a vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing, or occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the vessel. This subsection does not apply when a person is docking or departing the vessel, exiting or entering the vessel, or if the vessel is engaged in law enforcement or emergency rescue activity.
     A violation of this subsection is an infraction punishable by a fine of up to one hundred dollars.
     (2) For the purposes of this section, the following definitions apply:
     (a) "Teak surfing" or "platform dragging" means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of the vessel when the vessel is underway at any speed;
     (b) "Bodysurfing" means swimming or floating on one's stomach or back or in the wake directly behind a vessel that is underway.

Sec. 4   RCW 79A.60.630 and 2005 c 392 s 3 are each amended to read as follows:
     (1) The commission shall establish and implement by rule a program to provide required boating safety education. The boating safety education program shall include training on preventing the spread of aquatic invasive species. The program shall be phased in so that all boaters not exempted under RCW 79A.60.640(3) are required to obtain a boater education card by January 1, 2016. To obtain a boater education card, a boater shall provide a certificate of accomplishment issued by a boating educator for taking and passing an accredited boating safety education course, or pass an equivalency exam, or provide proof of completion of a course that meets the standard adopted by the commission.
     (2) As part of the boating safety education program, the commission shall:
     (a) Establish a program to be phased over eleven years starting July 1, 2005, with full implementation by January 1, 2016. The period July 1, 2005, through December 31, 2007, will be program development, boater notification of the new requirements for mandatory education, and processing cards to be issued to individuals having taken an accredited course prior to January 1, 2008. The schedule for phase-in of the mandatory education requirement by age group is as follows:
January 1, 2008 - All boat operators twenty years old and younger;
January 1, 2009 - All boat operators twenty-five years old and younger;
January 1, 2010 - All boat operators thirty years old and younger;
January 1, 2011 - All boat operators thirty-five years old and younger;
January 1, 2012 - All boat operators forty years old and younger;
January 1, 2013 - All boat operators fifty years old and younger;
January 1, 2014 - All boat operators sixty years old and younger;
January 1, 2015 - All boat operators seventy years old and younger;
January 1, 2016 - All boat operators;
     (b) Establish a minimum standard of boating safety education accomplishment. The standard must be consistent with the applicable standard established by the national association of state boating law administrators;
     (c) Adopt minimum standards for boating safety education course of instruction and examination that ensures compliance with the national association of state boating law administrators minimum standards;
     (d) Approve and provide accreditation to boating safety education courses operated by volunteers, or commercial or nonprofit organizations, including, but not limited to, courses given by the United States coast guard auxiliary and the United States power squadrons;
     (e) Include information about the dangers of carbon monoxide poisoning at the stern of a vessel and how to prevent such poisoning;
     (f) Develop an equivalency examination that may be taken as an alternative to the boating safety education course;
     (((f))) (g) Establish a fee of ten dollars for the boater education card to fund all commission activities related to the boating safety education program created by chapter 392, Laws of 2005, including the initial costs of developing the program. Any surplus funds resulting from the fees received shall be distributed by the commission as grants to local marine law enforcement programs approved by the commission as provided in RCW 88.02.040;
     (((g))) (h) Establish a fee for the replacement of the boater education card that covers the cost of replacement;
     (((h))) (i) Consider and evaluate public agency and commercial opportunities to assist in program administration with the intent to keep administrative costs to a minimum;
     (((i))) (j) Approve and provide accreditation to boating safety education courses offered online; and
     (((j))) (k) Provide a report to the legislature by January 1, 2008, on its progress of implementation of the mandatory education program.

NEW SECTION.  Sec. 5   A new section is added to chapter 88.02 RCW to read as follows:
     (1) Any new or used vessel sold within this state must display two carbon monoxide warning stickers developed by the department. One sticker shall be placed in the interior of the vessel and one shall be placed facing out on the exterior of the stern or transom of the vessel, unless the vessel is inflatable and the sticker would not otherwise adhere to the surface of the stern.
     (2) For vessels sold by a dealer, the dealer shall ensure that both warning stickers have been affixed prior to completing a transaction.
     (3) For a vessel sold by an individual, the department shall include both stickers in the registration materials provided to the new owner, and the department shall notify the new owner that the stickers must be affixed as described in subsection (1) of this section.
     (4) A warning sticker already developed by a vessel manufacturer may satisfy the requirements of this section if it has been approved by the department.

NEW SECTION.  Sec. 6   A new section is added to chapter 88.02 RCW to read as follows:
     The department shall include an informational brochure about the dangers of carbon monoxide poisoning and vessels and the warning stickers required by section 5 of this act as part of the registration materials mailed by the department for two consecutive years for registrations that are due or become due after the effective date of this act, and thereafter upon recommendation by the director of the department. The materials shall instruct the vessel owner to affix the stickers as required by section 5 of this act.